Pintu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38087 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Pintu Choudhary, male, aged about 34 years, son of Sri Muneshwar Choudhary, Resident of Village- Gijawahi, P.S. Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-04-2021 Heard Mr. Vikram Deo Singh, learned Advocate for the petitioner and Mr. Jagdhar Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sasaram (M) P.S. Case No. 119 of 2020, dated 26.04.2020, instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. The F.I.R. is against unknown. In the F.I.R., no

Patna High Court CR. MISC. No.38087 of 2020(2) dt.16-04-2021 2/3 suspicion has been raised against the petitioner. The petitioner is sought to be prosecuted in this case only on the basis of confession of an arrested accused person and circumstantial evidence. It further appears from the impugned order that there is a call detail report on record in the investigation papers, which indicates that the petitioner had frequent talks with other accused persons. Some other person, who has named the petitioner, is only stated to be a hearsay witness. The petitioner is also stated to be a driver of a truck at Mirzapur and he has been made accused in this case only because of his being the brother of co-accused/Mintu Choudhary.

Considering the facts afore-stated which reflects the accusation against the petitioner to be based only on suspicion, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in

Patna High Court CR. MISC. No.38087 of 2020(2) dt.16-04-2021 3/3 connection with Sasaram (M) P.S. Case No. 119 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T